TIOL-DDT 2696 · Thursday, 1 October 2015 · story 5 of 8

Settlement Commission can send case back if it finds that applicant has not co-operated

IN a judgement delivered yesterday, the Allahabad High Court observed, "Settlement Commission has to pass such order as it thinks fit and it has the power not only to provide the terms of the settlement but also to reject the application, in which eventuality, reasons have to be recorded. The power conferred on the Settlement Commission under Section 32-L to send the case back to the Central Excise Officer is in addition to the aforesaid powers of the Settlement Commission. Such a power given to the Settlement Commission under Section 32-L can be exercised, if it finds that any person who has made an application for settlement under Section 32-E, has not co-operated with the Settlement Commission in the proceedings before it."

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